Back / lumbar spine decisions — 2002

The veteran's claim for an increased rating for recurrent right heel cord contracture with reflex sympathetic dystrophy was denied. Additionally, the secondary service connection claim for intervertebral disc syndrome (IVDS) of the lumbar spine was also denied.

The veteran's claims for increased evaluations for lumbosacral strain and left knee disability were denied as there is no indication of service connection issues related to exposure or other presumptive conditions.

The veteran's disabilities render him unable to adequately attend to the needs of daily living without the regular assistance of another person, warranting special monthly pension based on need for regular aid and attendance.

The Board denied service connection for low back and neck disorders in March 1990, finding no evidence of a chronic condition during service. The veteran's current conditions are not considered to be related to his service-connected left hip stress fracture residuals.

The Board denied the veteran's appeal as his substantive appeal was untimely filed.

The Board has determined that the veteran's service-connected low back disability warrants a higher evaluation of 60 percent, but no more.

The Board is unable to make a final decision on the service connection claim due to new evidence submitted by the veteran, but it remains undecided whether this evidence is sufficient to reopen the claim.

The Board has reopened the veteran's claim and found that new evidence submitted since the February 1985 rating decision is material. However, the Board concluded that a chronic acquired back disorder was not incurred or aggravated in service and denied the claim for service connection.

The Board denied the veteran's claim for service connection for a low back disability, concluding that any current low back disability is not attributable to service.

The Board has remanded the case to the RO for scheduling a hearing before a traveling Member of the Board and providing appropriate notice.

The veteran's appeal for an earlier effective date for a 50 percent rating for her service-connected dysthymic disorder with low back pain was denied. The Board found that the preponderance of evidence did not support an earlier effective date, as there was no medical evidence showing a factually ascertainable increase in disability within one year prior to May 8, 1998.

The Board has denied the veteran's claims for service connection for bilateral hip, low back, and left knee disabilities as secondary to his service-connected right knee disability.

The Board denied the veteran's claims for increased evaluations for her cervical spine disorder and headaches, finding that the evidence did not support a higher evaluation.

The VA has determined that the veteran's residuals of hemilaminectomy and excision of herniated disc at L5-S1 do not warrant a rating higher than 20 percent.

The Board has granted a rating of 20 percent for the service-connected residuals of a medial meniscectomy of the right knee and has determined that the veteran's low back pain is aggravated by his service-connected right knee condition.

The Board has determined that the veteran's herniated disc of lumbar spine warrants a 60 percent evaluation, reflecting pronounced intervertebral disc syndrome with symptoms compatible with sciatic neuropathy.

The Board has determined that the veteran's current low back disorder is not related to his active duty service and therefore denied his claim for service connection.

The Board found that the veteran does not have current diagnoses of neck, back, right shoulder, left shoulder or right knee disabilities and thus denied his claims for service connection.

The VA determined that the veteran's arthritis of the low back with sacralization of L5-S1, DDD, and IDS is productive of not more than severe disablement, without evidence of pronounced impairment or additional functional loss due to pain or other pathology. As a result, they found that the schedular criteria for an evaluation in excess of 40 percent have not been met.

The veteran withdrew the issue of whether new and material evidence had been submitted to reopen a claim for service connection for a back disability from appellate status.